Legislative Assembly (Members' Staff) Act 1989

This Act is the Legislative Assembly (Members’ Staff) Act 1989.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.

For example, the signpost definition ‘classification—see the PSM Act, dictionary.’ means that the term ‘classification’ is defined in that Act and the definition applies to this Act.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

The Chief Minister may determine that, having regard to the parliamentary duties of a member of the Assembly, the member ought to be empowered to employ staff under this part.

A determination is a disallowable instrument.

An office-holder may, on behalf of the Territory, employ, under an agreement in writing, a person as a member of the office-holder’s staff.

However, an office-holder must not employ a person who is a family member of the office-holder.

The power conferred on an office-holder by subsection (1) is not exercisable otherwise than in accordance with arrangements approved by the Chief Minister, and the exercise of that power is subject to such conditions as are determined by the Chief Minister.

An approval or determination under subsection (3) is a disallowable instrument.

This section applies if a matter relating to the employment of a part 2 employee is not covered by this Act or by the agreement of employment.

The PSM Act applies in relation to the matter for the term indicated in the agreement of employment, as if the employee were employed under the PSM Act, section 110 (Fixed term temporary employment).

The Chief Minister may determine that the variable terms of employment of part 2 employees are varied.

A determination under subsection (3) is a disallowable instrument.

In this section:

relevant person means a person other than—

a person who, immediately before being employed under this part, was an eligible employee within the meaning of the Superannuation Act; or

a pensioner.

An agreement under section 5 for the employment by an office‑holder of a relevant person as a member of the office-holder’s staff may contain provisions determined by the office-holder in relation to the provision to the person of superannuation benefits or benefits in the nature of superannuation benefits.

An office-holder is not empowered to determine provisions for the purposes of subsection (2) except in accordance with arrangements approved by the Chief Minister.

The employment of a person under this part terminates if the office‑holder by whom the person was employed dies.

The employment of a person under this part terminates if—

in the case of a person employed by an office-holder—the office-holder ceases to hold office; or

in the case of a person employed by a member of the Assembly in respect of whom a determination by the Chief Minister under section 4 is in force—the member ceases to be a member of the Assembly or the determination is revoked.

For subsection (2) (b), a member of the Assembly shall be deemed not to have ceased to be such a member while he or she continues to be entitled to an allowance that was payable to him or her as such a member.

An office-holder may at any time, by notice in writing given to a person employed by the office-holder under this part, terminate the person’s employment.

A person employed by an office-holder under this part may at any time, by notice in writing given to the office-holder, terminate the person’s employment.

Where the employment of a person under this part is terminated by subsection (1) or (2), the Chief Minister may direct that the employment of the person shall be deemed—

not to have been so terminated; and

to have continued, or to continue, until a specified date;

and, where the Chief Minister so directs, the employment of the person under this part shall for all purposes be deemed to have continued, or to continue, until that date.

A direction under subsection (6) is a disallowable instrument.

Nothing in this part affects the power of an office-holder to employ staff under part 3.

A member of the Assembly may, on behalf of the Territory, employ, under an agreement in writing, a person as a member of the staff of the member.

However, a member of the Assembly must not employ a person who is a family member of the member.

The power conferred on a member of the Assembly by subsection (1) is not exercisable otherwise than in accordance with arrangements approved by the Chief Minister, and the exercise of that power is subject to such conditions as are determined by the Chief Minister.

An approval or determination under subsection (3) is a disallowable instrument.

This section applies if a matter relating to the employment of a part 3 employee is not covered by this Act or by the agreement of employment.

The PSM Act applies in relation to the matter for the term indicated in the agreement of employment, as if the employee were employed under the PSM Act, section 110 (Fixed term temporary employment).

The Chief Minister may determine that the variable terms of employment of part 3 employees are varied.

A determination under subsection (3) is a disallowable instrument.

In this section:

relevant person means a person other than—

a person who, immediately before being employed under this part, was an eligible employee within the meaning of the Superannuation Act; or

a pensioner.

An agreement under section 10 for the employment by a member of the Assembly of a relevant person as a member of the staff of the member may contain provisions determined by the member in relation to the provision to the person of superannuation benefits or benefits in the nature of superannuation benefits.

A member of the Assembly is not empowered to determine provisions for the purposes of subsection (2) except in accordance with arrangements approved by the Chief Minister.